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2022 DIGILAW 138 (TRI)

Partha Bhowmik v. State of Tripura

2022-03-16

ARINDAM LODH, T.AMARNATH GOUD

body2022
JUDGMENT 1. This criminal appeal, under Section 374 of Cr.P.C., is directed against the judgment and order of conviction and sentence, dated 06.03.2020, passed by learned Addl. Sessions Judge, Sepahijala Judicial District, Bishalgarh in connection with Case No. ST(T-II) 09 of 2017 whereby and whereunder the appellant has been convicted under Sections 498A/306 of IPC and thereby sentenced him to suffer RI for 3(three) years along with a fine of Rs. 5000/- for committing offence punishable under Section 498A of IPC and further sentenced to suffer RI for 10(ten) years for committing offence punishable under Section 306 of IPC along with a fine of Rs. 5000/- with default stipulation. 2. Prosecution case, in short is that one Sri Amulya Nath Bhowmik of East Gokulnagar under Bishalgarh Police Station lodged a written complaint on 04.04.2015 before the O.C., Bishalgarh Women P.S. alleging that in the year 2009, his daughter Gita Nath Bhowmik got married with accused Partha Bhowmik as per Hindu rites and customs and in that marriage cash amount of Rs. 35,000/- along with furniture and other articles were given as bridal gift. After 5/6 months of the marriage, the accused along with his parents, namely, Nitai Bhowmik and Kanan Bala Bhowmik started torture both physical and mental on Gita Nath Bhowmik to fulfill their further demand of Rs. 50,000/- along with a motorbike. She informed the matter to her parents but they failed to fulfill the demand due to their poverty and as a consequence the accused persons subjected Gita Nath Bhowmik to unbearable torture to fulfill the aforesaid demand and he alleged that his daughter was compelled to commit suicide by hanging herself on account of torture inflicted by her husband and parents-in-law. 3. O.C., Bishalgarh Women P.S. on receipt of the written complaint registered Bishalgarh Women P.S. Case No. 01 of 2015 and entrusted the investigation to Women Sub-Inspector of Police, Smt. Shipra Das. After completion of investigation I.O. submitted charge-sheet against the accused Partha Bhowmik, Nitai Bhowmik and Smt. Kanan Bala Bhowmik for commission of offence punishable under Sections 498A/306/34 of IPC. 4. Cognizance was taken on the basis of the police report and in course of trial, learned Addl. After completion of investigation I.O. submitted charge-sheet against the accused Partha Bhowmik, Nitai Bhowmik and Smt. Kanan Bala Bhowmik for commission of offence punishable under Sections 498A/306/34 of IPC. 4. Cognizance was taken on the basis of the police report and in course of trial, learned Addl. Sessions Judge, Sepahijala Tripura, framed charges against the accused appellant and his parents, namely, Nitai Bhowmik and Smt. Kanan Bala Bhowmik for commission of offence punishable under Sections 498A and 306 of IPC to which the accused persons pleaded not guilty and claimed to be tried. 5. In course of trial, prosecution examined 10(ten) witnesses and some material documents have been exhibited in support of their case. 6. After closure of the prosecution evidence, accused persons were separately examined under Section 313, Cr.P.C. to which they stated that the prosecution case was false and declined to adduce any defence witness in their favour. 7. Learned Addl. Sessions Judge at the conclusion of trial acquitted the accused-parents-in-law of the deceased, namely, Nitai Bhowmik and Smt. Kanan Bala Bhowmik of the charges under Sections 498A/306 of IPC, but, convicted accused-husband Partha Bhowmik for commission of offence punishable under Section 498A/306 of IPC and sentenced him as aforestated. 8. Being aggrieved, the accused Partha Bhowmik filed the present appeal. 9. Heard Mr. J. Bhattacharjee, learned counsel for the appellant and Mr. S. Ghosh, learned Additional Public Prosecutor for the State-respondent. 10. Learned counsel, Mr. J. Bhattacharjee appearing for the accused-appellant submits that there is no evidence of physical or mental torture of the victim in the matrimonial home to drive her to commit suicide or to cause grave injury or danger to her life, limb or health and also there is no evidence of harassment on demand of dowry or any other property. The trial Court without any basis arrived at a conclusion of guilty of the accused and hence, the judgment and order of conviction and sentence of the appellant is liable to be interfered and set aside. 11. Learned Addl. P.P., Mr. Ghosh submits that there is evidence on record that deceased Gita Nath Bhowmik was subjected to cruelty in the matrimonial home by the accused-appellant. The evidence no doubt is very insufficient, but, it cannot be said that there is no evidence at all. 11. Learned Addl. P.P., Mr. Ghosh submits that there is evidence on record that deceased Gita Nath Bhowmik was subjected to cruelty in the matrimonial home by the accused-appellant. The evidence no doubt is very insufficient, but, it cannot be said that there is no evidence at all. The trial Court since found the accused guilty of the offence, the judgment and order of conviction and sentence may be maintained. 12. We have meticulously gone through the evidence on record. PW-6, Sri Amulya Nath Bhowmik and PW-7 Smt. Uma Nath Bhowmik are the parents of unfortunate deceased Gita. PW-6 is the informant of the case. PWs 1, 2, 3, 4 and 5 are independent witnesses. PW-8 is the relative of the deceased. P.W. 9 is the scribe of the FIR and P.W. 10 is the I.O. of the case. 13. It is not disputed that Gita Nath Bhowmik committed suicide by hanging in the matrimonial home i.e. in the house of appellant Partha Bhowmik on 04.04.2015. Her marriage with accused Partha Bhowmik was solemnized about 6(six) years back from that date. 14. To prove the charge under Section 498A of IPC, prosecution is to prove that accused willfully treated the victim wife in his house in such a nature that it was likely to drive the victim wife to commit suicide or to cause grave injury or danger to her life, limb or health or that the accused has harassed his wife Gita in the matrimonial home to meet any unlawful demand of any property or valuable security. 15. Let us first see the evidence on record. PW-6, the father of the victim and the informant of this case deposed that in the year 2009 his daughter was given marriage with accused Partha Bhowmik and after 5/6 months of their marriage, Partha started torture upon his daughter, deceased Gita Nath Bhowmik to fulfill his demand of one motorbike and Rs. 50,000/- to be brought from them. He was informed by his daughter but he could not fulfill the said demand. He stated that his wife tried to make understand Partha not to inflict torture but he continued. PW-6 further deposed that on 04.04.2015, at about 3:00 pm, accused Partha informed him that the victim has died by hanging herself and he went to the house of the accused and saw the dead body of his daughter. 16. He stated that his wife tried to make understand Partha not to inflict torture but he continued. PW-6 further deposed that on 04.04.2015, at about 3:00 pm, accused Partha informed him that the victim has died by hanging herself and he went to the house of the accused and saw the dead body of his daughter. 16. PW-7, the mother of the victim also deposed in the same tune of PW-6. 17. PW-1 and PW-2 are the neighbours of the accused Partha and from their depositions it reveals that they were well aware of the unlawful demand and incident of torture on the victim but they declared hostile before the court. PW-3, PW-4 and PW-5 are the hearsay witnesses and they heard the incident from the parents of Gita. PW-8, Sri Satish Bhowmik deposed that victim Gita was his niece and after six months of her marriage accused Partha Bhowmik being her husband subjected to torture her on the demand of motorbike and Rs. 50,000/- cash. 18. Here, on scrutiny of the entire prosecution evidence, it becomes very crystal before us that PW-6 being the informant stated in his deposition that his daughter was tortured both physical and mental on the demand of money and motorbike. But, what kind of physical torture she was subjected was not vividly described. It was alleged in the FIR that since after 6 months of their marriage the torture started. He never complained of any such torture against the accused prior to the present incident before any authority as he specifically deposed in his cross-examination though incident took place in the year 2015. None of his neighbouring witnesses has ever whispered that such kind of torture upon the victim was being informed to them prior to this incident. Just only after the victim being committed suicide, they have gathered the knowledge of torture from the parents of the victim. After careful examination of the evidence of all the witnesses, we find no cogent evidence to arrive at a conclusion that deceased Gita was subjected to cruelty in the matrimonial home for which she committed suicide. 19. Now coming to the aspect of commission of suicide of the victim we find that there is no clear and convincing evidence that she committed suicide on the instigation of her in-laws for non-fulfillment of their unlawful demand. 19. Now coming to the aspect of commission of suicide of the victim we find that there is no clear and convincing evidence that she committed suicide on the instigation of her in-laws for non-fulfillment of their unlawful demand. In the prosecution evidence, we find that PW-1 being a neighbour of accused-husband deposed before the court that he heard that the victim had a relation with one Hari Sankar Bhowmik, the cousin of Partha Bhowmik and as the matter was disclosed in public that's why she committed suicide. He was declared hostile by the prosecution, but, the prosecution did not specifically cross-examine him on that assertion though at the time of cross-examination by the defence, the said witness clearly admits that there was an illicit relation in between deceased and Hari Sankar Bhowmik and as the fact was made open to the public that's why she committed suicide. 20. Considering the entire evidence at length, we come to a conclusion that there is no iota of evidence to establish the case of instigation or abetment on the part of the accused person which prompted the victim to commit suicide. 21. Learned Addl. Sessions judge relying on the overall statements of the witnesses arrived at a finding of guilt of the accused which is not cogent and consistent and therefore, we are of considered opinion that the judgment and order of conviction and sentence cannot sustain and is liable to be interfered with and set aside. 22. Accordingly, the judgment and order of conviction and sentence dated 06.03.2020, passed by learned Addl. Sessions Judge, Sepahijala Judicial District, Bishalgarh in connection with Case No. ST(T-II) 09 of 2017 is set aside. 23. The accused-appellant is entitled to get benefit of doubt and accordingly, the accused-appellant Partha Bhowmik is acquitted of the charge on the benefit of doubt and set at liberty. Surety of the bail bond is also discharged from his liabilities. 24. The appeal accordingly is allowed. Send down the LCRs.